Registration of Trade Union

 

Written By- Ayush Ramola

Email id- [email protected]

Introduction:

Trade Union [Section 2(zl)]:- means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workers and employers or between workers and workers, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more Trade Unions.

Who can be a member of Trade Union:- Any person who has attained the age of 15 can be a member of a registered trade union and must be employed by the industrial establishment for which the said trade union has been registered.

Registration of a Trade Union

Registrar of Trade Union [Section 5]:-

The Trade Union must be registered by a Registrar, that is to be appointed by the state government through a notification and the government may choose Additional Registrar, Joint Registrar and Deputy Registrar of Trade unions who shall exercise powers as may be prescribed by the state government.

Subject to the provisions  of any order made by the state government, an Additional registrar or a Joint registrar or a Deputy registrar of the Trade unions may exercise the powers of a Registrar of the Trade unions.

Criteria for Registration of Trade Union [Section 6]:-

Seven or more members of a Trade union by subscribing their names to the rules of the Trade Union or complying with provisions of Chapter 3 of Industrial Relations Code, 2020 may apply for registration of Trade Union.

No Trade Union shall be registered unless at least ten percent of the workers or hundred workers, whichever is less, engaged or employed in the industrial establishment are members of such Trade Union on the date of making application for registration to the registrar.

No application of registration of Trade Union will be deemed to be invalid  merely by reason of the fact that, at any time after the date of the application but before the registration of the Trade Union, some of the applicants, but not exceeding half of the total number of persons who made the application, have ceased to be members of the Trade Union or have given notice in writing to the Registrar dissociating themselves from the application.

A registered Trade Union shall at all times continue to have not less than ten percent of workers or hundred workers, whichever is less, subject to a minimum of seven engaged or employed in an industry or an industrial establishment. 

Constitution or rules of Trade Union[Section 7]:- these provisions must be contained in the constitution of a Trade union-

• goog_1887105192name of Trade Union
• objective for establishment of Trade Union
• purpose for which general funds of Trade Union shall be applicable
• maintenance of a list of members of the Trade Union
• process of admission of ordinary members 
• payment of subscription fees by members of Trade Union, as may be prescribed
• conditions under which any member will be entitled for any special benefit
• annual general body meeting of members of Trade Union
• the process of election of executives and office-bearers of the Trade Union, their removal and filling up of casual vacancies
• custody of funds of Trade Union, annual audit of accounts, in a manner as may be prescribed
• process of amendment of rules
• process of dissolution of the Trade union

  Application for registration, alteration of name and procedure thereof[Section 8]:-

Every application for registration of a Trade Union shall be made electronically and shall be accompanied by- a declaration to be made by an affidavit in a manner and form as may be prescribed, a copy of rules/constitution of Trade Union with a copy of resolution by members of Trade union adopting such rules/constitution, copy of resolution of members of Trade Union authorising applicants to make application for registration of Trade union.

If a Trade Union has been in existence for more than a year before making an application for registration, the applicants must deliver to the registrar an application for registration together with a general statement of assets and liabilities of the Trade Union.

The Registrar may ask for further information for the purpose of satisfaction that the application complies with rules and regulations under Chapter 3 of Industrial Relation Code, 2020 and may refuse to register the Trade Union until such information is provided.

If name of the Trade Union to be registered is identical with that of an existing Trade Union or in view of Registrar nearly resembles the name of an existing Trade Union that it will lead to deceive public, the Registrar shall require the applicants to alter the name of the Trade Union and shall refuse to register the Trade Union until such alteration has been made.

Registration and Cancellation of Registration of Trade Union[Section 9]:- 

The Registrar on being satisfied that the Trade union complies with all the provisions under Chapter 3 of Industrial Relation Code in regard to registration, shall register the Trade Union by entering it into a register along with the particulars relating to the Trade Union.

The Registrar shall make an order for registration of Trade Union, he shall issue a certificate of registration to the applicant of the Trade Union, which is also a conclusive evidence of registration of a Trade Union.

After the Registrar issues a certificate of registration to a Trade Union, he shall enter the name and other particulars of the Trade Union in a register maintained in this behalf and in such for as may be prescribed. 

The certificate of registration of a Trade Union may be cancelled or withdrawn by the Registrar-

on the application by the Trade Union itself,

on the information received by registrar regarding contravention of rules/constitution of Trade Union,

if members of the Trade union falls below ten percent or hundred workers whichever is less.

The certificate of registration of a Trade Union shall be cancelled by the Registrar where as ordered by a Tribunal.

The reasons for cancellation of certificate of registration must be communicated by the registrar in writing with the Trade Union.

6. Appeal against non-registration or cancellation of registration[Section 10]:-

Any person aggrieved against refusal of registration of Trade Union may within such period as may be prescribed appeal to the Tribunal. 

The Tribunal after hearing both the parties, dismiss the appeal or pass an order directing the Registrar to register the Trade Union and also to issue the certificate of registration.

Conclusion:-

This is the whole blue-print of how a Trade Union can be registered, what are the requirements and what to do in case of cancellation of registration of a Trade Union. The aforesaid article has been made in compliance to the Industrial Relations Code, 2020. Under the provisions of the Chapter 3 of the Code.